TMT in Colombia
Brigard Urrutia renders advice to telecoms, satellite and television services providers on their entry into the Colombian market and subsequent operational activity. Fronted by Sergio Michelsen, who has over 30 years' experience on matters ranging from relevant public bidding processes to the important regulatory changes in the area, the five-strong practice group also acts on cybersecurity matters, entertainment and sports law. Senior associate Juan Nicolás Laverde specialises in telecommunications and intellectual property matters and is responsible for delivering guidance to technology companies on business structures requiring the exploitation of IP assets. Senior associate Andrea Bonnet delivers legal advice on IP, innovation and technology, data protection, privacy rights and telecommunications.
‘Brigard Urrutia stands out for having high-level professionals who provide high-quality advice at reasonable prices’.
Hughes Network Systems
Hughes Networks Systems
Fox Channels Colombia
Pei Asset Management Fund
Ddb Worldwide Colombia
International Audit And Business Development Company
Hbo Latin America Group
- Continued to assist Hughes Network Systems with the provision of a satellite-enabled broadband internet access service.
- Advised Worldpay regarding the local legal environment in connection with online gambling and possible implications upon the operations of the company.
- Advised Fox Channels Colombia in relation to material issues connected to the deployment of its (over-the-top) OTT platform in Colombia, which were fundamental for the operation of the platform in Colombia
- Advised DirecTv on the renewal and comprehensive amendment of the existing agreement for the broadcasting of Colombian professional football matches via pay-per-view television.
- Provided advice to PEI Asset Management in relation to a comprehensive audit of its personal data protection and privacy management system.
Renowned for its contractual and regulatory expertise, Durán & Osorio Abogados Asociados' six-strong practice group is co-led by Carlos Andrés Sánchez and managing partner Álvaro Durán, who recently paired up to advise the Ministry of Communications and Information Technologies (MinTic) on two of its most relevant projects: primarily structuring the selection of the registry operator for Colombia's top level domain, as well as on some of the legal aspects of the auction of IMT radio spectrum. Ongoing matters include advising multinational telecoms operator Century Link on a regular basis. Gigliana Rivero Ramirez, who returned to the firm as a senior associate in late 2018, handles telecom and IT matters as part of a broader infrastructure, PPP and public services practice.
Ministry of Information Technology and Communications (MinTic)
Servicio Geológico Colombiano (SGC)
Century Link Colombia
Hughes Network Systems, EchoStar Corporation
- Rendered legal consultancy to the Ministry of Information Technology and Communications (MinTic) regarding the structuring of the selection process to appoint the registry operator for the Colombia’s Top Level Domain (ccTLD.co), for the next 5 years.
- Advised MinTic regarding the IMT radio spectrum auction of the 700, 900 and 2500 MHz frequency bands, which took place in late 2019.
- Permanent legal advice to Century Link (Level 3 Colombia) regarding telecommunications regulation, radio-spectrum, anti-money laundering, licensing and service provision, among other matters.
- Advised EchoStar in relation to the registration of ECHOSTAR XII before the Andean Community as a prerequisite to registering the satellite before the Colombian authorities.
- Advised Rappi on regulatory matters related to its operations, particularly the installation of temporary hubs for its delivery staff.
Baker McKenzie S.A.S.
Baker McKenzie S.A.S.'s practice renders comprehensive advice on information and communications technology (ICT), ranging from subsea cable services to wifi solutions; the practice has a notable IP perspective, advising on data privacy, cybersecurity, third-party content responsibility, and also on e-commerce to global tech giants. The 'excellent' Carolina Pardo, highly regarded for her work representing clients in connection with IT and investigations-related data protection matters before the telecoms regulator and the privacy authority, heads the nine-strong area. Mid-level associate Mariana Camacho, who has experience in data privacy and compliance, is also noted. However, former senior associate and Colombia Móvil in-house lawyer Laura Botero left the firm in September 2020 to join start-up BLegal.
‘The team overall is excellent and provides comprehensive advice to our firm. We have relied on them for many years and been quite pleased with their support’.
‘Carolina Pardo and senior associate Laura Botero are both excellent. Laura in particular has assisted our firm on a number of issues in a timely, high quality, highly responsive, and knowledgeable way. I definitely recommend her’.
Boston Scientific – Latitude NXT
Red Clara -Cooperación Latino Americana De Redes Avanzadas
AT&T Global Network Services Colombia
- Advised Rappi in Colombia on data privacy-related policies, databases and processes.
- Advised Boston Scientific on the development of data protection related matters for a new service in which a device that monitors a patient’s heart is connected to a digital platform capable of gathering and reading data.
- Advised Magna Electronics Europe on the possibility and considerations concerning testing a driving safety system in Colombia from a data protection perspective; this was a global request, with tests scheduled to take place in many jurisdictions.
- Helped Red Clara-Cooperación Latino Americana De Redes Avanzadas with a telecommunications services agreement by advising on the legal requirements and rules to comply with local Colombian and Ecuadorian legislation.
- Advised Davivienda from a financial regulatory and data privacy perspective regarding a ‘screen-scraping’ system to obtain financial information from its customers.
CMS Rodríguez-Azuero handles ICT, fintech and e-commerce, data protection and internet law for a client roster that includes Google, Publicis and Peiky. Lorenzo Villegas Carrasquilla, who joined in 2018 from his eponymous boutique, heads the four-strong team that also has experience in competition law, dispute resolution and acting before relevant regulatory bodies. A former chairman of the Communications Regulatory Commission, Villegas is praised for his expertise, knowledge of the clients' businesses and availability. Recent highlights saw the four-strong team successfully represent Google in a case before the Constitutional Court regarding freedom of expression and intermediaries' liability, as well as structuring new business models related to technology and digital transactions for a client in the financial sector. Associate María Camila Piedrahita, who joined in February 2019 from Gómez-Pinzón Abogados (GPA), focuses on technology, media, communications and competition.
[We value] ‘the expertise and the possibility of direct communication with the partner and that we can take up our concerns directly with them’.
‘Practice expertise and knowledge of the client’s business’.
- Permanent advisory to Google regarding litigation processes in Colombia, as well as in relation to freedom of speech, internet neutrality and internet intermediaries’ liability.
- Permanent legal counsel to Publicis regarding the necessary legal advice for advertising campaigns in Colombia.
- Undertook the structuring of Peiky’s internal protocols, policies and procedures regarding data protection and privacy in accord with fin-tech requirements.
- Permanent advisory to Beat regarding public policy related to the intermediation of transport services through digital platforms and data protection compliance.
Gómez-Pinzón Abogados (GPA) covers the full range of telecoms, technology and media matters, with recent mandates including advising Google on multiple issues concerning its operations in the country, particularly data protection, and DiDi Chuxing on the application of Colombia's data protection laws. IP, media, internet and 'new tech' specialist Mauricio Jaramillo leads on all matters and heads a three-strong practice which includes senior associate Andrés Fernández De Castro, a former external adviser to MinTic who focuses on technology, telecoms and data protection. Associate Jorge Iván López is experienced in privacy and data protection and software licensing among other matters.
‘Andrés Fernández is the senior associate who leads the practice and is excellent. He is highly knowledgeable and easily adapts to the complexities of required consulting. We are one of the largest apps in the world and Andrés has collaborated with us on issues with global impact, understanding the issues in a macro way – he should be raised to the partnership’.
‘GPA has an interdisciplinary team that is dedicated to getting to know the customer and their business very well and offers integrated solutions with a high level of efficiency to meet regulatory requirements. It also has a very good level of information assurance’.
Universidad de los Andes
Inversiones CMR (Domicilios.com – Delivery Hero Group)
- Advised DiDi Chuxing on the application of Colombia’s legal framework on data protection and its main regualatory requirements.
- Advised Google on data protection intermediary liability and different technology matters regarding Google tools and their administration.
- Advised Google regarding claims conducted before the Constitutional Court including procedures that concluded in recent rulings SU-274/19 and SU-420/ 19; while a definitive ruling remains pending, the Constitutional Court disclosed a summary of the ruling in favor of Google’s interests.
- Provided legal assistance to Cisco Systems regarding the implementation of various products and services in Colombia.
Lloreda Camacho & Co.'s longstanding and comprehensive TMT practice renders corporate, regulatory and commercial advice to relevant players in the telecoms, tech, media and entertainment, and financial sectors. The primary adviser to América Móvil subsidiary and key Colombian telecoms provider Claro, the practice is representing the latter in ICSID arbitration. Practice co-head Gustavo Tamayo, a well-known litigator with extensive regulatory expertise, is leading on the case. Fellow co-head Tatiana Carrillo leads the firm's trade mark and copyright group, and is also widely recognised for her expertise in media matters. A strong second line of experienced senior associates includes Juan Manuel Ojeda, formerly in-house at Level 3 Communications (now Century Link), where he was telecoms department coordinator, and Maria Alejandra De Los Ríos, who advises on privacy and data protection matters.
Claro Colombia (América Móvil)
Telesat Canada (and its local affiliate Anik Colombia)
- Co-representation of of América Móvil (with a Mexican and an international law firm) in international arbitration claiming breaches of the Mexico-Colombia FTA in relation to telecoms infrastructure.
- Acted as general attorneys of Claro Brasil in Colombia with capacity to represent the company’s interests related to the legal and regulatory duties of satellite capacity providers under Colombian law and regulation.
- Permanent advisory to Sonovista Publicidad in relation to media, publicity and intellectual property matters.
MBCR/Márquez Barrera Castañeda Ramírez
Founded in 2015, MBCR/Márquez Barrera Castañeda Ramírez has already made a name in the market on the back of its regulatory expertise in TMT and entertainment law, and acting in intricate cases, such as its recent successful representation of Arcotel (and Ecuador's Procuraduría Nacional) in a $780m international arbitration case. Recommended by clients and peers alike, Natalia Barrera - formerly an in-house lawyer at Caracol Radio and director of the media, entertainment and technologies area at the then Esguerra Barrera Arriaga - co-heads the nine-strong team with competition specialist Pablo Márquez, a former chairman of Colombia’s Commission for Communications Regulation. The practice has particular strength in media and entertainment, as reflected in a client roster that includes Foxtelecolombia, CMO Producciones and MediaPro. Julio Castañeda also participates in litigation disputes and before regulatory authorities.
Mercadolibre / Mercadopago
Oportunidad Flash Colombia
Agencia de Regulación y Control de las Telecomunicaciones (Arcotel)
Universal Music Latin Entertainment
Pearson Educación De Colombia
- Successfully represented Arcotel and the Procuraduría Nacional del Estado of Ecuador in a $780m international arbitration case filed by Amerca Movil’s subsidiary Conecel.
- Provides permanent legal advice to MercadoLibre and MercadoPago in matters related to e-commerce, payment processing, data privacy, dispute resolution, consumer law and competition law.
- Engaged by Universal Latin Music Entertainment to provide legal advice regarding performance rights licensing and public performance organizations in Colombia.
Estabished in January 2019, Avante Abogados enters the rankings on the back of excellent client references and professional credentials. The growing boutique is lauded for rendering tailor-made solutions to complex legal issues related to ICT, e-commerce, data protection and privacy legislation. Founding partner Juan David Gutiérrez is also a co-founder of the country's privacy and data protection association, while Carlos Esguerra, in turn, was a senior official at the Competition Authority (SIC), as well as head of data protection at Posse Herrera Ruiz. The pair have been active both locally and regionally for an array of clients that includes Philip Morris International, Coca-Cola and Alpina. Recent highlights saw the team participate in the '.co' domain administrator public bidding process on behalf of Central Comercializadora de Internet. The practice was further strengthened with the December 2019 hire of senior associate María Angélica de la Hoz from Brigard Urrutia.
‘They work very closely with the client. They made me feel that they understood the company’s needs and the market in which we participate. I worked with one of the partners and an associate: they were always available and delivered the work on time’.
‘Juan David Gutiérrez, partner of the firm, and associate Fery Daniel Cure helped us with specific needs regarding data protection and a project that involved the use of an online platform. I value that Juan David engaged with the problems and projects and did not simply delegate the work to the younger lawyers of the firm. You can tell that he is experienced and that brings added value to the work’.
‘The partners of the firm make the practice unique. They are approachable and combine superior legal knowledge with a proper understanding of the business needs. The Avante team provides solutions tailored to the needs of the client’.
‘Carlos Esguerra and Juan David Gutiérrez approach topics in a disruptive way. I can tell they very much enjoy getting to know the business and the transactions they advise on, in order to offer superior advice’.
Central Comercializadora De Internet
Shepherd and Wedderburn
Philip Morris International
Civil Aeronautics Authority Aerocivil of Colombia (Aerocivil)
Fruto de Cacao
Sergio Fajardo’s political movement
Aura Dajer Designs
- Advised Central Comercializadora de Internet on the ‘.co’ domain administrator public bidding process; the firm designed and successfully implemented a legal strategy seeking MinTIC’s removal of certain regulatory barriers to entry (specifically: experience requirements) in the public bidding process.
- Advised Alpina on a range of matters, including general data protection policies and practices, and assisted with the design of the company’s data protection system for upcoming projects, which entail e-commerce and the use of mobile platforms.
With sister firms in México, Perú and Chile, the Colombian office of BBGS Abogados focuses almost exclusively on media and digital law, where it acts for major players in the broadcasting, film, new media and advertising industries, handling all the development stages of content production, including copyright issues (the firm also has an IP area). Myriam Montenegro (who advises Sony and Teleset), Felipe Rubio (whose clients include Plural Comunicaciones and Dago García Producciones), and founding partner Luis Felipe Barrios co-head the six-strong practice, which is also experienced in software development, gaming and data protection. The team also acts in relevant litigation, a recent example involving undertaking a constitutional action (tutela) in relation to illegal content exploitation.
Sony Pictures Television International
Dago Garcia Producciones
Plural Comunicaciones (Canal 1)
Juan David Muñoz
- Advised Dago García Producciones on the process of license negotiations, both at national and international level, in relation to copyrighted and neighbouring content rights .
- Advised MBA on a project that seeks to digitalise the audiovisual content of several TV channels and its distribution through a different OTT and IPTV platform.
Longstanding heavyweight competition and public law boutique Esguerra Asesores Jurídicos handles a mix of regulatory, commercial and contentious matters for an impressive array of TMT clients, including BT, LG, Telefónica and Comcel. Alfonso Miranda and Juan Carlos Esguerra, who both have experience in regulatory and legislative public entities, co-lead the eight-strong department along with Andrés Jaramillo; all three are seasoned litigiators. Associate Andrés Felipe Yáñez focuses on telecommunications and is part of the team working on the public procurement process for the country's code top level domain (CCTLD), '.co'. On the consultancy front, the firm advised a telecoms multinational on its business development, specifically regarding carrier, connectivity and data centre services.
BT Latam Colombia
Colombia Móvil (TIGO)
UNE EPM Telecomunicaciones
Colombia Telecomunicaciones (Telefónica)
Comunicación Celular Comcel (Claro)
- Represented Telefónica in arbitration proceedings regarding the reversion clauses in concession contracts for the provision of mobile cellular telephone services.
- Acted as general legal advisors of LG Electronics.
Acting on telecoms, technology, e-commerce and fin-tech matters, Muñoz Tamayo & Asociados shines in facilitating international companies' entry strategies in Colombia's TMT, start-up and media markets. Managing partner and co-head Diego Muñoz Tamayo has played a key role in public sector privatisations in Colombia, including that of Telecom, since founding the firm in 1995. Co-head Felipe Trías draws on his extensive experience in finance to apply it to new and emerging TMT sectors related to fin-tech; and along with fellow co-head and senior associate Fernando Bermúdez, assisted Kushki regarding its digital payment platform. Recent mandates saw the five-strong practice advise on the potential international purchase of assets and corporate entities from a major global telecommunications provider in Colombia.
‘Professionalism, knowledge and opportunity in their reports’.
Seaya Ventures Fund
3ESI Colombia (Aucerna)
Allmark Comercial de Colombia
Ciudad Luz Chile
- Appointed by Seaya Ventures to provide strategic legal consultancy on the company’s investment into Restaurante MUY, a Colombian start-up that seeks to harness technology to make the food industry more efficient and affordable.
- Legal consultancy services to venture-backed US fin-tech company Ocrolus, which uses artificial intelligence and crowdsourcing to automate financial review processes; the advisory focused on tech and data protection in developing business opportunities in Colombia.
- Advised educational technology company Blackboard on a bidding procedure carried out by SENA, Colombia’s national learning body, to source an e-learning platform to support the learning processes of students through technological innovation and the promotion of entrepreneurship, social, economic and technological development in the country.
Márquez-Robledo handles corporate rights negotiation, regulatory and contentious matters for an impressive roster of media, entertainment and advertising clients including Netflix, Non Stop and DirecTv. It also advises telecom companies - a recent case in point being its advice to Avantel regarding unfair competition and dominant market position. The six-strong multidisciplinary boutique, whose copyright practice pivots between the Colombian and Miami hubs, works across several jurisdictions. Founding partner Santiago Márquez Robledo was a senior associate at the then Prieto & Carrizosa (now Philippi Prietocarrizosa Ferrero DU & Uría) prior to opening the firm in 2009; he advises on a broad range of IP, entertainment, media, advertising, privacy and data security matters. Associate María Alejandra Ahumada provides key support.
British American Tobacco
Ddb Worldwide Colombia
Young & Rubicam
Spirit Music Group
- Rendered legal counsel to Netflix in regards to several contracts for original content; the advisory included the drafting and revision of contracts for content directors and actors to be used on future Netflix original productions.
- Succesfully represented DirecTv in several lawsuits concerning IP rights – in particular, public communication rights; the lawsuits were filed by royalties’ collecting societies.
- Advised Avantel, as plaintiff, regarding unfair competition and dominant market position of the company’s competitors.
OlarteMoure's practice is highly specialised in data privacy, working transversally with the boutique's IP and competition areas; it is primarily corporate focused, as well as acting in disputes and before the regulatory authorities. Drawing from the firm's deep experience in the pharma and life sciences sector, the practice develops and implements data policies and strategies (including data de-identification procedures), the negotiation of agreements involving data transfer, and the implementation of compliance and accountability programmes. The six-strong department is led by founding partner Juan Guillermo Moure; associate corporate and data privacy coordinator Daniela González (who focuses on data in relation to credit granting conditions, among other matters); and associate compliance coordinator Catalina Jiménez. Litigation director Felipe Acosta, who made partner in June 2020, also contributes to the team.
División Mayor De Fútbol Colombiano
Fundación Grupo Social
Promotora de Inversiones y Cobranzas
Astellas Farma Colombia
- Represented Promotora de inversiones y cobranzas in an administrative investigation carried out by the Data Protection Authority and involving data privacy, information security and corporate compliance, obtaining a 45% reduction of the initial fine despite only taking on the case at an advanced stage of the proceedings.
- Designed strategies for personal data processing in the context of projects with great social impact on behalf of Fundación Grupo Social; the advisory implied complex processes to protect the information by pseudonymisation.
Although Posse Herrera Ruiz advises clients across a wide range of TMT issues, the practice focuses primarily on technology and IP matters including data and consumer protection, internet law and regulation, licensing agreements and software development agreements. Ernesto Cavalier and Andrés Montoya co-head the seven-strong team, in which associate César Barrera assists clients regarding regulatory compliance. Recent mandates saw Cavelier act for Google on a range of matters including a wi-fi hotspot project and Google Play Store among others. Montoya's 2019 TMT highlights included rendering regulatory advice to Verizon's wireless products and Phoenix Tower's fibre network operations.
Moving Up Holdings
- Advised Neutrona on establishing itself in the country; the provision of internet connection is among the company’s services and the team assisted with obtaining ICT registration from the regulatory authorities.
- Advised Google in relation to its Google Station project i Colombia, which allows partners to roll out Wi-Fi hotspots in public places.
- Advised Moving Up Holdings on the drafting, negotiation and execution of the terms for the acquisition of a Colombian online gambling business.
Dentons Cardenas & Cardenas
Particularly valued for its experience in acting before compliance authorities, Dentons Cardenas & Cardenas' TMT practice focuses on privacy and data protection, e-commerce, consumer protection, cybersecurity and advertising, as well as providing advice on transactional and compliance issues. Seasoned practitioners Juanita Acosta and Luz Helena Adarve co-head a six-strong practice that has grown with the arrival of three associates, all with notable experience: Rocío Ruíz, Andrés Orjuela and Lina Londoño. Recent highlights included advisory regarding participation in public bids related to IT framework agreements.
- Advised Pash on the implementation of Superintendence of Industry and Commerce measures in relation to the imposition of a fine for non-compliance with data protection laws.
DLA Piper Martinez Beltrán renders advice on ITC, data protection and media law to a client portfolio that ranges from key multinational and domestic players to start-ups. With significant strength in regulatory matters, the five-strong practice shines in dispute resolution and TMT proceedings before the different regulatory bodies. Managing partner and experienced litigator Camilo Martínez and competition department director María Claudia Martínez Beltrán co-head the practice. On the contentious side, the firm represented Comcel in an arbitral proceeding brought by its distributors.
- Provided legal advice to IGT Services and Technologies to fully comply with Colombia’s data protection regime.
Marrugo Rivera Asociados
Marrugo Rivera Asociados can draw on 12 years’ experience in the field of cybersecurity and data protection. Ivan Dario Marrugo leads the specialist boutique - with a presence in Bogotá, Cartagena and Medellín - that handles privacy, software, e-commerce and IP matters. Having advised on the implementation of data protection programmes for more than 100 organisations (particularly from the banking and insurance sector), the team's ongoing matters include advising Banco Popular on the implementation of an integrated privacy management platform. Co-founder Claudia Patricia Rivera participates in personal data protection matters and associate Claudia Elena Escobar leads the Medellín office.
Fondo Empleados EPM
Camara de Comercio Cartagena
Universidad de la Costa
Senado de la Republica
- Advised Banco Popular on the implementation of an integrated privacy management platform.
Philippi Prietocarrizosa Ferrero DU & Uría's comprehensive TMT practice advises media, tech and financial groups on telecommunications concessions, broadcasting licensing rights, data protection and privacy regulations. The 11-strong department is co-led by Diego Cardona, who obtained the first authorisation for an international data transfer, and Mauricio Patiño, whose 2019 highlights include negotiating international rights licensing agreements on behalf of a regional entertainment group. Principal associate Gerardo Flórez, who focuses on copyright, start-ups and domain names, is also a key member of the team.
GBS Scotiabank / Scotiabank Colpatria
Jaguar Land Rover
- Legal counsel to SAP on various matters regarding its operations in Colombia, particularly in relation to the structure of the company’s contracts and licence agreements, software and cloud computing products, data protection matters, and dispute compliance with Colombian data protection regulations.